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Madras High CourtOP/533/2018allowed

Will(6) Of v.

2019-07-11Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) THURSDAY, THE 11TH DAY OF JULY 2019 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN O.P.No. 533 of 2018 In the matter of Indian Succession Act, XXXIX of and In the matter of Last Will and Testament of Dhanabakkiammal (deceased)

1. K.R.Mdhan,

2. K.R.Manoj, no.84, Bikington Street, Ayanavaram, Chennai-23.

..Petitioners Original Petition praying that this Hon'ble Court be pleased Prayer that the Letters of Administration with the Will annexed may be granted to them as the grand-sons the legatees under the Will of the said deceased Dhanabakkiammal to have effect limited the state of Tamilnadu.

This Original Petition coming on this day before this court for hearing the court made the following order: The petitioner seeks issuance of Letters of Administration in respect of the Will executed by late Dhanabakiam Ammal who died on 25.11.2007.

2. It is stated that as per the said Will her son Mr.M.K.Ranganathan was granted the life estate. The said M.K.Ranganathan died on 04.09.2013. The petitioners are the grandsons of Dhanabakiam Ammal. The 1st petitioner K.R.Madhan has been examined as PW1. He has produced the original Will as Ex.P1. The said Will is the registered instrument. The death certificate of the husband of https://hcservices.ecourts.gov.in/hcservices/ Dhanabakiam Ammal, M.Krishna Swamy Naicker, has been marked as Ex.P2. The death certificate of M.K.Ranganathan has been

marked as Ex.P3. Ex.P4 is the death certificate of the Testatrix Dhanabakiam Ammal. The legal heirship certificate of M.K.Ranganathan son of Dhanabakiam Ammal has been marked as Ex.P5.

3. A perusal of Ex.P5 would show that the petitioners are the sons of the deceased M.K.Ranganathan. The petitioners have also examined one Neelavathi, who is the attesting witness to the Will as PW2. She has spoken about the execution of the Will by the Testatrix and its attestation by herself and one R.Govindasamy Naicker.

4. In the light of the above evidence, I find that the petitioners have proved the Will and they are entitled to Letters of Administration with a copy of the Will annexed. Hence, the Original Petition is allowed granting Letters of Administration with a copy of the Will annexed in favour of the petitioners. The petitioners shall execute a security bond for a sum of Rs.10,000/- (Rupees ten thousand only) each in favour of the Assistant Registrar (O.S.II), High Court, Madras.

Sd/.R.S.M.J 11.07.2019 //Certified to be a true copy// Dated this the day of 2019.

SU/31/07/2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

https://hcservices.ecourts.gov.in/hcservices/